Albany Court Order Enforcement Lawyer
After the long, hard fight of resolving a divorce or other family law matter, most people hope that the solutions that were put in place will not need to be revisited ever again. But, the unfortunate fact is that the other party may not be upholding his or her end of the bargain. The other party may be failing periodically or may have simply ceased altogether in their attempts to continue to meet those obligations.
Our Albany court order enforcement lawyers can help you hold the other party accountable when he or she fails to meet his or her court-ordered obligations by petitioning the court for assistance. Beyond asking the court to enforce orders that are currently in place, we can also help you ask the court for modifications to family court orders that no longer reflect the reality of your situation.
Failing to Comply With Child Custody Court Orders
Is your child’s other parent failing to follow the court-ordered schedule of when the child should be with which parent? Apart from inconveniencing you, this can create instability and uncertainty for your child. It is hard enough for a child to divide his or her time between households without the challenge of an irregular schedule and the possibility of conflict because of that failure to comply.
Is your child’s other parent failing to honor your role in making major decisions? Are you being denied a say on such important issues as education, health care, and your child’s religious upbringing? In these circumstances, you may require support from an Albany court order enforcement attorney.
How to Enforce Custody Orders
In Albany, if the other parent refuses to follow the court order that is in place, you can file a petition stating that your ex failed to comply with the order and requesting that the court take action. After a hearing, the court may decide to change the order. It may also decide to place sanctions on the non-compliant parent.
If a custodial parent interferes with the visitation rights of the non-custodial parent, the non-custodial parent can file a “Petition for Enforcement of Visitation Order.” You will have to attend a hearing, at which you will testify regarding specific occurrences of violation — how many times the other parent failed to comply with the visitation order, as well as the specific time period in which it happened. If the judge finds that the custodial parent did violate the order, they may change the order and/or impose a fine or sanctions on the violating parent.
Child Support Court Arrangements
Are you receiving the full amount of child support you should every month? Anything less is denying your child the financial stability he or she deserves. It also places an unfair share of the burden on your shoulders.
How to Enforce a Child Support Order
If you are not receiving child support payments on time or you are receiving payments for less than agreed-upon dollar amount, an Albany attorney can handle the process of enforcing a court order.
The Office of Child Support Enforcement (OCSE) has a Child Support Enforcement Unit (CSEU) and a Support Collection Unit (SCU) which will help you obtain your child support payments through more aggressive means. This can be especially useful when you’re not entirely sure where the other parent is living. They will locate the non-paying parent and initiate collections actions against them. These include:
- Garnishing of wages;
- Intercepting unemployment payments;
- Intercepting tax refunds;
- Intercepting lottery winnings; and
- Liens and levies on bank accounts and income-producing property.
Additionally, NYS has the power to initiate administrative actions against the non-paying parent. These include:
- Suspending their professional license; and
- Suspending their passport.
What Does the CSEU Do?
The CSEU attempts to resolve the issue with the non-paying parent. Their services include:
- Locating the non-paying parent;
- Establishing paternity;
- Performing a financial investigation; and
- Establishing a support payment.
A subdivision of the CSEU is the Support Collection Unit which conducts the administrative process of forcing the non-paying parent to pay the custodial parent. This includes keeping a record of how much funds are owed and how much funds are paid to the custodial parent.
What Happens If Administrative Processes Fail?
Let’s say one parent avoids work in order to reduce child support payments to the other parent. In such cases, the court can issue administrative penalties against that parent. This would include wage garnishments and the suspension of professional licenses, passports, and more.
In extreme cases, the court can issue jail or probation sentences. Enforcing a court order using the threat of jail time or probation is much better than actually jailing a delinquent parent as they will not be able to contribute money if they cannot work.
How to Obtain Owed Child Support in Albany
Once you’re owed more than $500, you can file an enforcement order in either divorce court or family court. This is known as a violation petition. If the court rules that the non-paying parent willfully avoided a require child support payment, it will:
- Issue a money judgment in your favor;
- Place a lien on the non-paying parent’s real estate;
- Force the non-paying parent to attend a jobs program; and/or
- Hold the non-paying parent in contempt and a criminal penalty (such as jail time or probation).
With the help of a lawyer in Albany, you also could demand that the non-paying parent compensate you for any expenses related to enforcing the order.
Speak with an Albany Court Order Enforcement Attorney
At The Colwell Law Group, LLC, we offer our clients representation that is backed by decades of combined experience that can help enforce current family court orders. Our Albany court order enforcement lawyers understand the difficulties that can be created when one party to an order fails to comply. You deserve to have the other party’s compliance so that you can make plans and decisions about the future. No one deserves to be able to unilaterally change the terms of a court order. We can help you fight to hold the other party accountable for his or her failure to comply with the terms of your order.
You do not have to live with the challenges created by someone who is not following the terms of a family court order. We can ask the court for help for you. Call our office or contact us online to request an initial appointment with a member of our legal team.